On February 18, 2004, three former employees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, and the Declaratory Judgment Act, against the Canadian National Railroad ...
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On February 18, 2004, three former employees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, and the Declaratory Judgment Act, against the Canadian National Railroad Company and its subsidiaries. The plaintiffs, represented by several private attorneys, sought a declaration that defendants engaged in company-wide systemic racial discrimination when they continually failed to notify African-American employees of job announcements, and continually failed to post or make announcements readily accessible to African-American employees, for all positions that might lead to promotions and/or advancement to higher and better paying positions. Plaintiffs also sought a permanent injunction and other equitable relief necessary to eliminate the effects of the defendants' past and present racial discrimination and to prevent such discrimination from continuing to adversely affect their lives and careers in the future. Finally, plaintiffs sought back-pay, other equitable remedies, and damages necessary to make them and the members of the class whole.

On January 7, 2010, the District Court (Judge James B. Zagel) conditionally certified a class of "all African-American employees of the Railroad from February 18, 2000 to October 21, 2009" and approved a consent decree. Under the specific injunctive provisions of the consent decree, which remained in effect for three years, the defendants were required to implement policies, practices, and procedures to prevent discrimination in training and advancement. Such policies and practices included: a Training Catalog and electronically-available instructions on how employees may obtain the training needed to enhance their abilities and qualifications; on-line courses in the subjects of basic computer software skills, supervisory skills, and railroad-related topics; educational financial assistance, including, but not necessarily limited to, reimbursement for education relating to craft, technical, and vocational skills reasonably related to the railroad environment; EEO training for HR personnel, supervisors and managers, and employees; enhanced posting of available positions; nondiscriminatory selection procedures for available positions; a diversity counsel; semi-annual adverse impact analyses; and internal monitoring and compliance procedures. Additionally, the consent decree required the defendants to establish a settlement fund in the gross amount of $3,000,000 for the purpose of providing individual awards to the named plaintiffs, monetary awards to the eligible members of the settlement class, and the payment of attorneys' fees and costs to class counsel.

Plaintiffs are three African-Americans who were employees of the Illinois Central Railroad Company, one of the subsidiaries of the Canadian National Railroad Company ("CN"), and who allege company-wide systemic racial discrimination throughout “CN” and its subsidiaries. Plaintiffs brought this action on behalf of themselves and others similarly situated.